Personal and Public Expression

Public employee speech

First Amendment Center

Nashville, Tenn.
Thursday, January 13, 2005

Balancing Act: Public Employees and Free Speech is a First Report by David L. Hudson Jr. on public employees’ free-speech rights.

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One Response to “Public employee speech”

  1. Shaun Sundahl says:
    June 4, 2011 at 2:48 pm

    The issue I see with the First Amendment protections is: what is the standard of proof of the subject matter announced by the public employee? For example, how about the public employee who makes a public statement that the District Attorney’s Office is not able to process cases in an efficient manner resulting in the injustice to some? Would it suffice if the public employee reasonably believed this was the case? What if the public employee erroneously believed this was the case? Do we need to establish a probable foundation of the incompetence alleged? It appears the courts will look at the employer’s point of view. If the employer discharged the employee because they felt the public statement was not a matter of public concern, the courts will likely support the employer.

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1 for All is a national nonpartisan program designed to build understanding and support for First Amendment freedoms. 1 for All provides teaching materials to the nation’s schools, supports educational events on America’s campuses and reminds the public that the First Amendment serves everyone, regardless of faith, race, gender or political leanings. It is truly one amendment for all. Visit 1 for All at http://1forall.us/

Help tomorrow’s citizens find their voice: Teach the First Amendment

The most basic liberties guaranteed to Americans – embodied in the 45 words of the First Amendment to the U.S. Constitution – assure Americans a government that is responsible to its citizens and responsive to their wishes.

These 45 words are as alive and important today as they were more than 200 years ago. These liberties are neither liberal nor conservative, Democratic nor Republican – they are the basis for our representative democratic form of government.

We know from studies beginning in 1997 by the nonpartisan First Amendment Center, and from studies commissioned by the Knight Foundation and others, that few adult Americans or high school students can name the individual five freedoms that make up the First Amendment.

The lesson plans – drawn from materials prepared by the Newseum and the First Amendment Center – will draw young people into an exploration of how their freedoms began and how they operate in today’s world. Students will discuss just how far individual rights extend, examining rights in the school environment and public places. The lessons may be used in history and government, civics, language arts and journalism, art and debate classes. They may be used in sections or in their entirety. Many of these lesson plans indicate an overall goal, offer suggestions on how to teach the lesson and list additional resources and enrichment activities.

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First Amendment Moot Court Competition

The First Amendment to the U.S. Constitution – the cornerstone of American democracy – is the focus of the National First Amendment Moot Court Competition. Recognized as one of the nation's finest constitutional-law competitions, this annual event features a current First Amendment controversy.

During the two-day competition in February, each team will participate in a minimum of four rounds, arguing a hypothetical based on a current First Amendment controversy before panels of accomplished jurists, legal scholars and attorneys.

Past participants in the National First Amendment Moot Court Competition have represented law schools nationwide, from Brooklyn Law School to Duke University to Arizona State to Harvard.

The 22nd Annual National First Amendment Moot Court Competition is Feb. 16-17, 2012. See registration information and details about the competition.

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